Lawyers sue VP Chiwenga for banning them from operating during lockdown
Legal practitioners in Zimbabwe have filed an urgent chamber application at the High Court challenging the government’s decision to bar them from operating during the 30-day Covid-19 National Lockdown period.
On Saturday 3 January Deputy President and Health Minister Constantino Chiwenga announced a new strict 30-day national lockdown after the country experienced an alarming surge in Covid-19 cases.
Under the new lockdown measures that commenced on Tuesday at 6 AM, only essential services that include pharmacies, hospitals, and supermarkets are allowed to operate.
Lawyers and other legal practitioners were excluded from the list of essential services.
iHarare established from New Zimbabwe that, prominent human rights lawyer Obey Shava and the Young Lawyers Association of Zimbabwe (YLAZ), have challenged section 27A (g) under SI 10 of 2021 that bars law firms and legal practitioners from executing their constitutional duties during the lockdown.
The applicants, Obey Shava and YLAZ who are being represented by Tonderai Bhatasara also want the court to bar the police from demanding exemption letters from essential service workers.
They argue that by so doing the police would be in violation of the constitution and in direct conflict with Chief Justice Malaba’s Practice Direction 1 of 2021 that gives direction on how courts should operate during the lockdown.
Vice President Constantino Chiwenga was cited as the first respondent, while Home Affairs Minister Kazembe Kazembe cited as the second respondent and Justice Minister Kazembe Kazembe as the third respondent.
Shava and YLAZ’s High court application states in part:
We seek that the ZRP statements of 04 January 2021 and its enforcement be and are hereby declared unconstitutional and a contravention of the rights of applicants, litigants, arrested and accused persons in section 50, 64, 66, 69 and 70 of the Constitution and are consequently set aside,.
Alternatively, the conduct or omission by first respondent not to include legal services as essential services in SI 10 of 2021 and 11 of 2021 be and is hereby declared unconstitutional.
The services by lawyers are an integral part and an essential component in the national economy ecosystem, the justice delivery system including law and order. It’s critical in a democratic society. That is why lawyers are officers of the court,” reads the application.
–iHarare
About Post Author
